Patna High Court

Briksh Chaudhary @ Rambriksh Chaudhary @ Vriksha Chaudhary @ Ram Vriksha ChaudharyversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to a bond of Rs. 15,000, two sureties and compliance with the conditions imposed.

Summary

The petitioner, Briksh Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 600 litres of liquor were recovered from his joint family house. The petitioner argued that no liquor was found in his personal possession, that he had no criminal antecedents, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of personal possession, the petitioner’s clean record, and the procedural lapse, the Court decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail cancellable on two consecutive defaults. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was recovered from a joint family house and not from the accused's personal possession.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
Section 30(a)
Section 103
criminal procedure
joint family house
no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13645 of 2026
                          Arising Out of PS. Case No.-395 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Briksh Chaudhary @ Rambriksh Chaudhary @ Vriksha Chaudhary @ Ram
                 Vriksha Chaudhary S/o- Late Lakhan Chaudhary Village- Sahora PS- Atri
                 Distt -Gayaji
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Prabhat, Advocate
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Atri P.S.

                   Case No. 395 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 600 litres

                   of liquor has been recovered from the house of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from the joint house of the petitioner where other family

                   members of the petitioner also reside. The petitioner has got no

                   concern with the alleged recovery of liquor. The petitioner is in
           Patna High Court CR. MISC. No.13645 of 2026(2) dt.25-02-2026
                                                       2/2




                     custody since 09.01.2026 and has no criminal antecedent. There

                     is no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Atri P.S. Case No.

                     395 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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